Is the cable bill considered a utility in a divorce action

Although not technically a utility, if cable/internet/telephone service is in effect when the divorce is commenced, the Court will require the monied spouse to maintain this service for the remainder of the divorce action. When looking at what bills have to continue to be paid during a divorce, you are usually looking at the mortgage, homeowner's insurance, taxes, electric, gas, fuel, cable, internet, telephone, water and landscaping. If both spouses earn an income, it is likely the Court will insist or order the spouses to pay these bills in proportion to their earnings. This called sharing the cost "pro-rata"...Pro-rata does not mean 50/50. It is in proportion to each of your incomes. Most spouse in a divorce fill out a Statement of Net Worth. This statement/form lists all of the parties expenses. Although cable is not technically a utility, it is on the form under "Utilities" However, my answer above is accurate so the question of whether it is a utility or not is not what the Court is considering. It is whether this was a bill the parties had before the start of the divorce action. As another answer said, you simply cannot increase the bill during the divorce by adding movie channels and other options. The "status quo" is what the Court is looking to maintain here.

If you are the "monied" spouse, you may very well be responsible for some portion of your spouse's utility bills, but a cable bill is not likely to be considered a utility bill. Why? because the statute only provides for payment of "carrying charges" on the spouse's residence. Because cable is an optional expense, it would not qualify, although it is possible a particular judge might disagree with this assessment. Also, your responsibility is not automatic; your spouse would first need to bring a written application (usually called a "pendente lite" application). To the extent that you end up paying temporary maintenance, you may have no obligation to pay carrying charges. So, the answer to your question depends on context to some extent.

If the bill accrued during the marriage for marital residence it would be considered a marital debt. If your spouse was paying this expense during the marriage your spouse may be held to be 100% responsible or 50% liable if you were sharing the cost, but if he left the marital residence and this expense occurred after the commencement of the divorce action you may be held responsible for 100% of the bill even if your spouse was paying 100% of the expenses while they were living with you. There is no definite answer as to who is responsible because different judges can rule different ways with the same set of facts.

No it is not a utility but the court can order it continue while the action is pending.

Many people consider cable a utility. The definition is fluid. Technically a utility is a government regulated service. Cable companies are, to some extent, government regulated services. if the telephone is part of the cable service I would say it is a utility. Different attorneys may have different opinions but I would say that most courts would consider it a utility.

That depends on which judge your matter is assigned to. In the past cable television was not considered a necessity/utility. However, with phones and computer service being bundled in with cable television the arguments are now stronger to classify it as a utility. I would guess, from your question, that you are probably going through a divorce with a pendentives lite order/stip in effect, or living separate and apart from your spouse pursuant to a stip. I suggest you consult with an attorney well versed in matrimonial actions. Good luck

It appears from your question that a divorce action has been commenced and there is probably an order requiring the payment of "utilities." The bottom line is that its not cut and dry. So the way to resolve it is to either reach an agreement or go back to the court for guidance. I suggest that you confer with your attorney if you have one, or get one as well.

Usually, yes. However, most orders presume that it will be kept at the level it was previously. E.g., it is not acceptable to double the movie channels and add HBO.

New York divorce cases are very fact intensive. If the cable bill helps the spouse run an internet business which pays family bills, then yes, it is a utility and you can be ordered to maintain it in operation for the spouse. If it's a source of entertainment, then probably it is not a utility.
I sense that you are not represented. I hope you become represented as there are way more red herrings in a divorce action which will not be as apparent as a cable bill.